BOARD DATE:	  1 July 2014

		DOCKET NUMBER:  AR20130019448 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Purple Heart to his late father, a former service member (FSM).

2.  The applicant states, in effect, that his father should be awarded the Purple Heart for wounds received in combat.  A fire destroyed records at the National Personnel Records Center (NPRC) in 1973 and he is trying to recover his father's records.  His father was highly decorated as documented in this request.  

3.  The applicant provides copies of the following:

* his birth certificate
* FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) ending on 22 December 1945 (two copies)
* Department of Veterans Affairs (VA) Form 21-530 (Application of Burial Benefits)
* FSM's funeral expenses certification
* two letters from the NPRC
* five Certifications of Military Service
* a letter from the U.S. Army Human Resources Command (HRC)
* a letter from the Army Review Boards Agency (ARBA)





CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM’s complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the NPRC in 1973.  It is believed that the FSM's records were destroyed in that fire.  However, there was sufficient documentation provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant provided copies of the following:

   a.  A WD AGO Form 53-55 which shows the FSM was inducted into the Army of the United States (AUS) on 12 March 1942 and he entered active duty on the same date.  He served as a general carpenter.  He served in the European Theater of Operations from 14 June 1944 through 11 December 1945.  He was discharged on 22 December 1945 for the purpose of demobilization.  His 
WD AGO Form 53-55 shows in:

* Item 31 (Military Qualification and Date) – Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) – 10 September 1943
* Item 32 (Battles and Campaigns) – Northern France and Rhineland
* Item 33 (Decorations and Citations) - the American Service Medal, European-African-Middle Eastern Service Medal, Army Good Conduct Medal, and World War II Victory Medal
* Item 34 (Wounds Received in Action) – None
* Item 55 (Remarks) - World War II Honorable Lapel Button

   b.  A VA Form 21-530 and funeral expenses certification which show the FSM died on 8 November 1981.

   c.  A letter, dated 26 September 2012, wherein the NPRC advised the applicant that the record needed to answer his inquiry was not in their files due to a fire destroying the major portion of records of Army military personnel for the period 1912 through 1959.  Fortunately, there were alternate record sources that often contained information which could be used to reconstruct service record data lost in the fire.  The letter also advised the applicant of the FSM's entitlement to the same awards that are listed on the WD AGO Form 53-55.  Further, he was advised that his request for the Purple Heart was being forwarded to the Department of the Army for the final decision regarding issuance of the award.  The applicant was provided the FSM's WD AGO Form 53-55 and a Certification of Military Service.

   d.  A Certification of Military Service, dated 24 September 2012, which shows the FSM was a member of the AUS from 12 March 1942 through 22 December 1945.  He was honorably discharged in the rank of corporal (CPL).

   e.  A Certification of Military Service, dated 24 September 2012, which shows the FSM was a member of the Regular Army (RA) from 25 July 1946 through 25 September 1949.  He was honorably discharged in the rank of CPL.

   f.  A Certification of Military Service, dated 24 September 2012, which shows the FSM was a member of the RA from 8 March 1950 through 15 March 1953.  He was honorably discharged in the rank of CPL.

   g.  A Certification of Military Service, dated 24 September 2012, which shows the FSM was a member of the RA from 24 April 1953 through 29 April 1957.  He was honorably discharged in the rank of specialist third class.

   h.  A Certification of Military Service, dated 24 September 2012, which shows the FSM was a member of the RA from 30 April 1957 through 15 June 1959.  He was issued a general discharge in the rank of private first class.

   i.  A letter (front page), dated 9 October 2012, wherein the HRC, Awards and Decorations Branch, advised the applicant that based upon a review of the documentation submitted and available to that office, they were unable to verify his father's entitlement to the Purple Heart.  They acknowledged receipt of the Surgeon's General (SGO) reports taken from the hospital admission cards; however, none of those reports indicated that the FSM's illness or injuries were the direct result of enemy action.  The letter advised that he could request the FSM's unit's daily morning reports which documented Soldiers who were injured in the line to duty.  If documentation could be located to support an award of the Purple Heart they would provide him the necessary information so that a final determination could be made.  

   j.  A letter, dated 15 November 2012, wherein the NPRC again advised the applicant that the record needed to answer his inquiry was not in their files due to a fire destroying the major portion of records of Army military personnel for the period 1912 through 1959.  The letter also advised the applicant that the SGO records are not specific medical documents and are sequenced by serial numbers (no names appear).  They checked that source for his father's service number; however, no entries were found that would show any wounds were received while in service.  No record had been found to show that his father was authorized the Purple Heart.  If he felt an error or injustice had been made in his father's military record he could apply to the ABCMR.

   k.  A letter, dated 17 May 2013, wherein ARBA requested the applicant provide documentation to prove his relationship to the FSM.

4.  There is no evidence in the available records authorizing or awarding the FSM the Purple Heart during World War II.

5.  The Korean War Casualty list does not list the FSM's name.

6.  Army Regulation 600-8-22 (Military Award) states the Purple Heart is awarded for a wound sustained as a result of enemy action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, to be awarded the Purple Heart it is necessary to establish that a Soldier was wounded or injured in action.  There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  There is no available evidence of record and the applicant provided none showing the FSM was wounded or sustained injuries as a result of enemy action for award of the Purple Heart.  The Korean War Casualty list was reviewed, in case the FSM had been wounded during the Korean War.  Without evidence, there is no basis to support his request for award of the Purple Heart to his late father. 

3.  In making this determination, the applicant and all others concerned should know that this nation in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  __X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130019448



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ABCMR Record of Proceedings (cont)                                         AR20130019448



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